RAFAEL LESENDE
v.
STATE OF FLORIDA
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Convictions for perjury and possession of a vessel with a missing or altered hull identification number are affirmed, without prejudice to postconviction relief challenging whether section 328.07(4)(b) actually criminalizes possession of a vessel part with an altered serial number.
[1] A conviction may be affirmed without prejudice to postconviction relief under Florida Rule of Criminal Procedure 3.850 when a question exists regarding whether a statute…
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Join FLexlaw to unlock all legal intelligenceRafael Lesende was convicted of perjury (count one), possession of a vessel with a missing or altered hull identification number (count two), and poss…
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PER CURIAM.
Rafael Lesende challenges his convictions and sentences for perjury (count one), possession of a vessel with a missing or altered hull identification number (count two), and possessing a part—a boat engine—with a missing or altered identification number—an engine serial number (count three). We affirm Mr. Lesende's convictions and sentences without prejudice to any right he may have to seek postconviction relief under Florida Rule of Criminal Procedure 3.850 or Florida Rule of
Appellate Procedure 9.141(d) on the question of whether, with respect to count three,
the possession of a part of a vessel with a missing or altered serial number, as opposed to a missing or altered vessel or hull identification number, is actually criminalized by section 328.07(4)(b), Florida Statutes (2016).
Affirmed.
LaROSE, C.J., and KELLY and SALARIO, JJ., Concur.